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M. BALAKRISHNAN, S/O. NARAYANAN versus THE STATE OF KERALA, REPRESENTED

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M. BALAKRISHNAN, S/O. NARAYANAN v. THE STATE OF KERALA, REPRESENTED - WP(C) No. 3386 of 2004(C) [2007] RD-KL 15878 (17 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3386 of 2004(C)

1. M. BALAKRISHNAN, S/O. NARAYANAN
... Petitioner

2. V.C. KURIAKOSE, S/O. CHACKO,

3. BABY P.V. S/O. VARGHESE,

4. SURESH K.G., S/O. C.S. GOPALA PILLAI

Vs

1. THE STATE OF KERALA, REPRESENTED
... Respondent

2. THE JOINT REGISTRAR (GENERAL)

3. THE SULTHAN'S BATTERY CO-OPERATIVE

4. THE ASSISTANT REGISTRAR OF

For Petitioner :SRI.DEVAN RAMACHANDRAN

For Respondent :SRI.B.S.SWATHI KUMAR,SC.CO.OP.E COMMN.

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :17/08/2007

O R D E R

KURIAN JOSEPH J. W.P.(C) No.3386 of 2004 Dated 17th August, 2007.

J U D G M E N T

The writ petition is filed mainly with the following prayers :-

(i) "Issue a writ of certiorari or other appropriate writ, order or direction quashing Exts.P5 and P8 notices as illegal and unconstitutional; (ii) Issue a writ of mandamus or other appropriate writ, order or direction to compel the 3rd respondent to consider and pass appropriate orders on Ext.P7 representation of the petitioners." The issue pertains to the steps taken by the Bank for recovery of the unauthorised petrol allowance drawn by the petitioners. Since the Bank has already taken a decision, there is no point in directing the Bank to consider Ext.P7. The decision is actually taken by the Joint Registrar. Therefore, in case the petitioners have a case that they have not been heard in the matter, it will be open to them either to approach the Joint Registrar for considering the matter after hearing them or it will be open to them to pursue the appellate remedy before the Government. In order to enable the petitioners to work out the remedy as above, the recovery pursuant to the impugned notices shall be deferred for a further period of six months. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs WP NO.3386/04 2


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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